SMP decisions

FICORA conducts on regular intervals a market analysis and assesses the need for regulation of significant market power in the electronic communication markets. The market analyses are based on the Recommendation by the European Commission on relevant product and service markets. In its recommendation the Commission has identified markets in which ex ante regulation may be justified.

FICORA determines an operator to have significant market power (SMP), if it has a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers.

In an SMP-decision following the market analysis, FICORA imposes the SMP-operator appropriate regulatory obligations in order to promote competition or to lower the barrier of entry into the market. The obligations are set primarily on the wholesale level and they can be concern access or interconnection of specific network facilities as well as the conditions for transparency, non-discrimination and pricing.

At the moment SMP regulation is in place in the following six electronic communications markets in Finland:

Call termination on the fixed network

he provision of a wholesale product for call termination on the fixed telephone network enables the calls made by customers of two different operators. With call termination the call made by the calling party is transferred via an interconnection point to the call recipient in the fixed telephone network.

FICORA has analysed the market for fixed call termination last in 2013. The market analysis showed that the market could have been deregulated. However, the EU Commission made a veto decision on FICORA's market analysis, because in their view it was not in line with the EU regulatory framework. As a result FICORA withdrew its draft measures and the regulation from 2008 remained in place.

In the market for fixed call termination altogether 50 operators have an SMP-status. In the SMP-decisions the operators have been imposed with an obligation to interconnect their network with a network of another operator as well as transparency, non-discrimination and pricing obligations needed to promote competition.

Call termination on mobile networks

The provision of a wholesale product for call termination on mobile networks enables the calls made by customers of two different operators. With call termination the call made by the calling party is transferred via an interconnection point to the call recipient in the mobile network.

FICORA has analysed the market for call termination on mobile networks last in 2015. In accordance with the market analysis, FICORA has issued SMP-decision on DNA Oy, Elisa Oyj, TeliaSonera Finland Oyj and Ålands Telekommunikation Ab. In the SMP-decisions the operators have been imposed with an obligation to interconnect their network with a network of another operator as well as transparency, non-discrimination and pricing obligations needed to promote competition.

Access to fixed network infrastructure

Access to fixed networks infrastructure includes access to local loops and parts of the local loops. The local loops may consist of either copper or fibre. Access to local loops enables an alternative operator to provide retail broadband services without its own access network.

FICORA has analysed the market for access to fixed network infrastructure last in 2012. In accordance with the market analysis, FICORA has issued SMP-decisions on altogether 27 operators. In the SMP-decisions the operators have been imposed an obligation to lease out local loops and their part as well as transparency, non-discrimination and pricing obligations needed to promote competition.

Wholesale broadband services

Wholesale broadband services are used to provide bitstream services which enable an alternative operator to offer retail broadband services without its own access network or DSLAMs.

FICORA has analysed the market for wholesale broadband service last in 2012. In accordance with the market analysis, FICORA has issued SMP-decisions on altogether 27 operators. In the SMP-decisions the operators have been imposed an obligation to offer wholesale broadband services as well as transparency and non-discrimination obligations needed to promote competition.

Leased lines

Terminating segments of leased lines are used to provide a bitstream service, which enable an alternative operator to, for example, connect their broadband exchanges or mobile base stations to their own local networks. With leased lines the alternative operator may also connect for example two individual local networks.

FICORA has analysed the market for leased lines last in 2009. In accordance with the market analysis, FICORA has issued SMP-decisions on altogether 31 operators. In the SMP-decisions the operators have been imposed an obligation to offer leased lines as well as transparency and non-discrimination obligations needed to promote competition.

Television and radio services

Television and radio services include access to antenna sites and antenna capacity as well as their associated facilities, television transmission services and national radio transmission services. Access to antenna sites and antenna capacity enables an alternative operator to offer television or radio transmission services. Wholesale transmission services on the other hand enable television and radio programme providers to broadcast in UHF and FM networks.

FICORA has analysed the market for television and radio services last in 2015. In accordance with the market analysis, FICORA has issued an SMP-decision to Digita Networks and imposed obligations concerning access to the relevant television and radio services as well as transparency, non-discrimination and pricing obligations needed to promote competition.